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HomeMy Public PortalAbout12-07-93 Special Council Meeting.tifMINUTES SPECIAL VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, DECEMBER 7, 1993 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 1 CALL TO ORDER/ROLL CALL OF N S: The meeting was called to order by Mayor Festa at 7 05 p m Present were Councilmembers Mortimer Fried, Raul Llorente, Betty Sime, Raymond Sullivan, John Waid, and Mayor John Festa Vice Mayor Joe Rasco was absent Also present were Village Manager Sam Kissinger, Village Attorney Steve Helfman, Village Clerk Guido Inguanzo, and Master Plan Consultant Robert Swarthout 2 PLEDGE OF ALLEGIANCE: Mayor Festa led the Pledge 3 AGIgNDA: There were no changes to the agenda Mayor Festa made a motion suspending the adopted rules of the Council to allow for unlimited public participation The motion was seconded by Councilman Waid and adopted by a unanimous voice vote The vote was as follows Councilmembers Fried, Llorente, Sime, Sullivan, Waid, and Mayor Festa voting Yes Mayor Festa made a motion adopting for the meeting the Local Planning Agency rules for public participation The motion was seconded by Councilman Sime and adopted by a unanimous voice vote The vote was as follows Councilmembers Fried, Llorente, Sime, Sullivan, Waid, and Mayor Festa voting Yes 4 FIRST READING OF COMPREHENSIVE MASTER PLAN: Prior to any discussion, the clerk read a letter from Jean -Charles Dibbs, 201 Crandon Boulevard, which addressed concerns regarding Ocean Drive Mayor Festa discussed the community character statement The following residents addressed the Council on that matter Michael Kahn, 881 Ocean Drive, Clifford Brody, 180 Harbor Drive, Camille Guething, 260 Seaview Drive, Martha Broucek, 170 Ocean Lane Drive, Conchita Suarez, 201 Crandon Boulevard, and Mary Wills, 210 Seaview Drive After extensive discussion, the following character statement was adopted "Key Biscayne should be a residential community Development policies should protect residential character Future residential development should be at the lowest densities consistent with protection of reasonable property rights Page 1 of 4 December 7, 1993 Hotels should be permitted in order to provide ocean access opportunities and respect an established land use pattern, however, they should be modest in size so as not to overpower the community' s residential character Other commercial development should be sized to meet the needs of residents and hotel guests Office development should be limited to the minimum amount practical in light of existing development patterns The Florida Department of Natural Resources should be encouraged to allow only low intensity use of Bill Baggs Park thereby minimizing its potential for burdening Crandon Boulevard The different residential parts of the Village should be integrated into a unified community to the maximum extent possible " The Council discussed the Future Land Use map The following residents addressed the Council on various issues regarding the proposed map Ms Broucek, Ms Guething, Ms Wills, Joe Valls, 180 Harbor Drive, Ms Suarez, Tony O'Donnell, 701 Brickell Avenue, Miami, Mr Brody, Bill Ofgant, 512 Fernwood Road, Carter McDowell, 100 Southeast 2 Street, Miami, representing Biscayne Royal Venture and Silver Sands, and Eric Nesse, 750 Ocean Drive, representing Banyan Corporation There was extensive discussion regarding the L'Esplanade property Mayor Festa made a motion that the property retain its current Retail Commercial designation, allowing the Village Attorney time to research the matter, hence giving the Council the opportunity to make a final determination, regarding said property, at the second reading of the plan The motion was seconded by Councilman Llorente and failed on a 3 - 3 roll call vote The vote was as follows Councilmembers Llorente, Waid and Mayor Festa voting Yes Councilmembers Fried, Sime and Sullivan voted No Retail Commercial and Office designations were discussed in relation to particular properties ("KFC" property at Crandon Boulevard and "Exxon" property at West Mashta Drive) Councilman Llorente made a motion changing the designation of the "KFC" property to Retail The motion was seconded by Mayor Festa and adopted by a 5 - 1 roll call vote The vote was as follows Councilmembers Fried, Llorente, Sime, Waid, and Mayor Festa voting Yes Councilman Sullivan voted No After brief discussion, it was the consent of the Council to designate the Crandon Boulevard tree farm property as Public Institutional The master plan consultant was directed to prepare a study on a mixed -use category Page 2 of 4 December 7, 1993 Councilman Waid made a motion to designate the "Exxon" property as Retail and Office The motion was seconded by Mayor Festa and failed on a 2 - 4 roll call vote The vote was as follows Councilman Waid and Mayor Festa voting Yes Councilmembers Fried, Llorente, Sime, and Sullivan voted No It was the consent of the Council to include a notation on the map to indicate the currently approved Biscayne Royal Venture D R I site There was extensive discussion regarding designations on the Banyan Corporation D R I property It was the consent of the Council to also include a notation on the map indicated the vested rights of the Banyan property The following additional changes to the plan were also made by the Council Future Land Use Policy 1 1 5 was deleted, dates throughout the document were adjusted accordingly, Objective 1 2 was amended to state "encourage private revitalization", Objective 2 1 was amended to give the Village an opportunity to begin sanitary sewer service at a later date than indicated, Policy 2 3 1 was amended to reflect "Village Manager or designee" instead of "Community Development Director", "Low Density Single Family" category was amended to include "houses of worship and primary and secondary schools", "Retail Commercial" category was amended to read "Commercial", "High Density Multifamily and Ocean Resort Hotel" was amended to read "Medium Multifamily and Ocean Resort Hotel", "Agriculture" category was deleted, "View Corridor" category was amended to delete the verbiage "according to court approved standards", Policy 1 4 1 was deleted, and Policy 1 4 2 was amended to delete sub -section 2 Rousing Policy 1 1 3 was deleted as was Policy 1 3 1 Infrastructure Objective 1 2 was amended to change "begin to achieve" to give the Village additional time for compliance if needed, and Policy 1 5 1 was amended to include a reference to Xerescape and delete reference to "Village landscape code" Conservation and Coastal Management Objective 1 5 was amended to clarify that the requirement was strictly for single family homes, and Policy 2 2 3 was deleted Attorney Helfman stated that he also has technical corrections and will meet with the consultant to discuss those additional changes Page 3 of 4 December 7, 1993 At midnight, Mayor Festa made a motion to continue the meeting to Monday, December 13, 1993 at 7 00 p m The motion was seconded by Councilman Llorente and adopted by a unanimous voice vote The vote was as follows Councilmembers Fried, Llorente, Same, Sullivan, Wald, and Mayor Festa voting Yes 5 : The meeting was adjourned at 12 05 a m Approved this ML.‘ day of UeC rk...-t-ur" 1993 Village Clerk Mayor IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TD ANY MAllit CONSIDERED AT A MEETING OR TEARING, THAT PERSON WILL NEED A RECORD OF 27E PROCEEDINGS AND, FOR STJCH PURPOSE, MAY MN) TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES DES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED Page 4 of 4